PIERRE, S.D. – Fentanyl dealers in South Dakota will soon face stricter penalties after Governor Larry Rhoden signed House Bill 1230 into law. The new legislation mandates a minimum of three years in prison for possession of four to fewer than 14 milligrams of fentanyl and 10 years for possession of 14 milligrams or more.
Representative John Hughes, the bill’s prime sponsor, has personally witnessed the devastating effects of fentanyl. During a Senate hearing, he shared the story of Kelcy Orr, a 15-year-old who died after unknowingly taking a fentanyl-laced pill she believed was Percocet. Hughes, an attorney, had helped the Orr family adopt Kelcy, and her parents have since shared their heartbreaking loss through Emily’s Hope.
Several law enforcement officials also testified in favor of the bill, highlighting fentanyl’s deadly toll in South Dakota.
“It’s very necessary. We had eight people who died from fentanyl poisoning just in our county last year,” said Minnehaha County Sheriff Mike Milstead.
South Dakota Attorney General Marty Jackley also backed the legislation. Earlier this month, he met with former President Donald Trump and U.S. Attorney General Pam Bondi to discuss efforts to curb fentanyl trafficking into the U.S.
“The amount of fentanyl seized last year was enough to cause the death of every South Dakotan four to five times over, and fentanyl abuse continues to increase,” Jackley said.
The bill faced minimal opposition, with attorney Cash Anderson, representing the South Dakota Association of Criminal Defense Lawyers, voicing concerns over mandatory minimum sentences.
As Emily’s Hope previously reported, South Dakota was one of only five states where overdose deaths rose last year. Provisional numbers from the Department of Health indicate that 23 people died in 2024 from fentanyl-related overdoses.
